An epistle of the Anton Mostert Chair of Intellectual Property
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Written submission: Proposed National Data and Cloud Policy
Innovus, the Technology Transfer Office of Stellenbosch, has made a written submission to the proposed National Data and Cloud Policy in terms of the Electronic Communications Act 36 fo 2005. These comments were compiled by Andre Pelser (Attorney at Roux De Villiers & Associates), and Dr Madelein Kleyn (Director Technolgy Transfer, Innovus, and fellow of the Anton Mostert Chair of Intellectual Property Law). The full text of the written submission is available for download here. Download written submission Follow Share on...
read moreFreedom to operate conundrum
Freedom to operate conundrum By Dr. Madelein Kleyn, Innovus, Stellenbosch University, South Africa Abstract: Growing a patent portfolio by protecting the innovation derived from research and development investment is merely the beginning to the creation of value. Freedom to use, sell and otherwise exploit the invention is the challenge. This is so often misunderstood. Introduction A patent grants a negative right to its owner, i.e. the right to exclude others from making, using, exercising, disposing, or offering...
read moreCopyright Blind Spot
INTRODUCTION Blind people are at a distinct disadvantage and face serious challenges when it comes to reading the written word. They need written text to be rendered in braille or in electronic form to permit a text-to-speech functionality with easy navigation across the text. Unfortunately, such adapted-for-disability-utility versions of written text are in short supply or are not always optimally operational. The international community, and more particularly the World Intellectual Property Organization (WIPO), has embraced this plight of...
read moreThe virtual reality and hard data of successful university start-ups that may succeed…or not!
Dr Madelein Kleyn has written a piece for the June 2020 publication of the Les Nouvelles, the journal of the Licensing Executives Society International, on the challenges faced by start-up businesses and the risk management strategies to combat such challenges.
read moreRepresentations Regarding Possible Amendments to Section 25 of The Constitution
Introduction The South African Constitutional Court has ruled that the term “property” in the Section 25 of the Constitution covers not only land but also all forms of property including intellectual property (i.e. patents, designs, copyright trade marks and the like). In the event that, as proposed, this section is amended to allow property to be expropriated without compensation, it will mean that this principle will apply also to intellectual property. All and any patents, copyrights and trade marks etc., whether owned by South African...
read moreIP Public Lecture 2019 – the changing role of advertising
THIS EVENT IS NOW CLOSED Watch the video of the lecture below. The 2019 annual intellectual property law public lecture, presented by the Anton Mostert Chair of Intellectual Property Law at the Faculty of Law, will address the role of advertising in IP disputes, with a focus on the changes that regulation of advertising has undergone in light of social and economic pressures. The lecture will be delivered by Gail Schimmel, CEO of the Advertising Regulatory Board, on the topic No Time to be Chicken. Her address will deal with the need to have...
read moreMasterclass: Prof Dean discuss Netflix’s “The Lion’s Share”
Prof Dean was the guest on Azania Mosaka’s Masterclass series on Radio 702 to discuss the real story of Mbube, recently retold in the Netflix docu-drama “The Lion’s Share”. Listen to the podcast of the masterclass here (click the images below). If you are not yet familiar with the basic facts, below is a short synopsis of the events, which will soon be published in Managing Intellectual Property. Listen on Radio 702 podcasts Listen on Apple podcasts MIGHTY MOUSE AND THE SOMNOLENT LION’S...
read moreAwakening the Lion in the Jungle
“Your mandate is to find a way, and to do everything possible, to enable the children of Solomon Linda, the composer of a song called MBUBE, which later evolved into the international hit song THE LION SLEEPS TONIGHT, to derive some financial benefit from the considerable revenues generated by the popularity of THE LION SLEEPS TONIGHT. You should recommend any reasonable course of action which you can conceive and we are willing to finance it even if it means conducting litigation abroad.” This instruction came from representatives...
read moreIntellectual Property Law and How it Applies to Sport Events
In this special World IP Day article, Prof Owen Dean revisits the theme of IP rights protection for sporting events in South African law, with a focus on the developments and the Cricket World Cup 2019 as an example. Introduction Major sports are big business and vast sums of money are involved in staging sport events. This global trend was brought into sharp focus in South Africa during the 2010 FIFA World Cup. The 2010 FIFA World Cup provided an excellent example of the role that branding plays in major sports, and how it can...
read moreWorld IP Day 2019: Reach for Gold
On 25 April 2019 the Chair of IP Law, in cooperation with Innovus, will celebrate World IP Day with a public seminar on the theme Reach for Gold: IP and Sport. The seminar will include discussions on the sports nutrition, cutting-edge technologies in sports, high performance technology support, sport concussion diagnosis and the rise of e-sports. The event will allow attendees to encounter a variety of groundbreaking innovations and is followed by a cocktail reception. The event is sponsored by IP law firms Spoor & Fisher and Von...
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